5D02-1275 Oxendine v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D02-1275

Case Date: 08/26/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2002

CHUTNEY GERARD OXENDINE, Appellant, v. STATE OF FLORIDA, Appellee. _______________________________/ Opinion filed August 30, 2002 3.850 Appeal from the Circuit Court for St. Johns County, Robert K. Mathis, Judge. Chutney Gerard Oxendine, Raiford, pro se. Robert A. Butterworth, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee. PLEUS, J. We affirm the denial of the defendant's September 10, 2001, "3.850 Motion for PostConviction Relief," but reverse and remand for consideration of the three claims raised in his December 21, 2001, "Amendment to Previously Filed Pro Se Motion for Motion for PostConviction Relief, Rule 3.850 Fla. R. Crim. P." See Gaskin v. State, 737 So. 2d 509 (Fla. 1999) (defendant entitled to have court rule on amended motion filed before trial court ruled on the original motion and within rule's 2-year time limit). AFFIRMED IN PART, REVERSED IN PART, REMANDED. Case No. 5D02-1275

PALMER and ORFINGER, R.B., J.J., concur.

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